State Laws

Arkansas Divorce

     

Arkansas Divorce
Each state has residency requirements for filing for divorce in that state. Arkansas has these certain residency requirements but they can be different from other states. A court will not accept a divorce case if the needed residency requirements are not met. A case can also be dismissed if the divorce case has been filed to the wrong jurisdiction.

Depending on the place of residency and each specific situation, individuals are to file for divorce in different courts. Arkansas residency requirements state that at lease one of the individuals needs to be an Arkansas state resident for a minimum of sixty days before a case can be filed. Arkansas also states that there must be a mandatory waiting period of three months before a divorce case can be finalized.

Divorce cases are to be filed in the resident's county. When the individual filing for divorce is not a resident of Arkansas but the other spouse is, the case will be filed in the county court of the other spouse. Under these circumstances the case may be switched to another county due to non-resident proceedings.

Filing Grounds in Arkansas
When a divorce is brought to the court, the grounds for which the divorce shall be based are required. The individuals will need to come to an agreement on which grounds their divorce is to be based or those for which the individual filing for divorce will stand to prove to the circuit court. Arkansas has different sections for the grounds that are lawful to be filed under.

The first section of divorcing grounds is called no-fault grounds. Under this section those involved in the divorce case must have not lived in the same residence or must have been physically separated for a minimum of eighteen months without break. By law the court has the right to petition divorce of absolute decree to one or both individuals depending on if the separation was a mutual decision or due to one individual's fault.

The second grounds section for which a divorce is to be filed is called fault grounds. These grounds will name one individual as responsible for the dissolve of the marriage. Fault grounds include addiction for alcohol for a minimum of one year; current and previous impotency of one individual; cruel treatment towards the other individual that may endanger life; convictions of a serious offense or a felony offense; committing adultery while espoused; and specific indignities that names the marriage as intolerable.

Divorce Basics
A certain kind of language is used in court that is not usually used elsewhere. Titles are given and terms used that can confusing. The individual who is filing for divorce in a domestic relations or family law court is called the plaintiff. The individual who did not file for divorce and was later served by the court is called the defendant. The document that is initially filed through the court is called the Complaint for Divorce and the Decree of Divorce. These documents can contain as much as twenty different forms to be processed.

See also:
Arkansas Gun Laws
Arkansas Bankruptcy
Arkansas DUI Laws
Arkansas Expungement External link (opens in new window)
Arkansas Felony External link (opens in new window)
Arkansas Misdemeanor External link (opens in new window)